Family Law in UK Law
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MF (Nigeria) v Secretary of State for The Home Department
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Rather it is that, in approaching the question of whether removal is a proportionate interference with an individual's article 8 rights, the scales are heavily weighted in favour of deportation and something very compelling (which will be "exceptional") is required to outweigh the public interest in removal.
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Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
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Their family, or extended family, is the group on which many people most heavily depend, socially, emotionally and often financially. There comes a point at which, for some, prolonged and unavoidable separation from this group seriously inhibits their ability to live full and fulfilling lives.
In an article 8 case where this question is reached, the ultimate question for the appellate immigration authority is whether the refusal of leave to enter or remain, in circumstances where the life of the family cannot reasonably be expected to be enjoyed elsewhere, taking full account of all considerations weighing in favour of the refusal, prejudices the family life of the applicant in a manner sufficiently serious to amount to a breach of the fundamental right protected by article 8.
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ZH (Tanzania) v Secretary of State for the Home Department
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This is not, it is agreed, a factor of limitless importance in the sense that it will prevail over all other considerations. It is a factor, however, that must rank higher than any other. It is not merely one consideration that weighs in the balance alongside other competing factors. Where the best interests of the child clearly favour a certain course, that course should be followed unless countervailing reasons of considerable force displace them.
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Wachtel v Wachtel
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The phrase "family assets" is a convenient short way of expressing an important concept. It refers to those things which are acquired by one or other or both of the parties, with the intention that they should be a continuing provision for them and their children during their joint lives, and used for the benefit of the family as a whole. It is a phrase, for want of a better, used by the Law Commission, and is well understood.
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EB (Kosovo) v Secretary of State for the Home Department
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It will, for example, recognise that it will rarely be proportionate to uphold an order for removal of a spouse if there is a close and genuine bond with the other spouse and that spouse cannot reasonably be expected to follow the removed spouse to the country of removal, or if the effect of the order is to sever a genuine and subsisting relationship between parent and child.
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EV (Philippines) and Others v Secretary of State for the Home Department
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In my judgment, therefore, the assessment of the best interests of the children must be made on the basis that the facts are as they are in the real world. If neither parent has the right to remain, then that is the background against which the assessment is conducted. Thus the ultimate question will be: is it reasonable to expect the child to follow the parent with no right to remain to the country of origin?
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Family, Law and Sexuality: Feminist Engagements
The author explores feminist frameworks within which questions of family, law and sexuality can best be explored, drawing on recent efforts to (re)establish materialist feminist theory. She suggest...
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Family (Law) Assemblages: New Modes of Being (Legal)
This article advances a new model for family law to address emerging non‐conventional family formations, particularly between parents and children. We contend that the conventional model of kinship...
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Adversarial Mythologies: Policy Assumptions and Research Evidence in Family Law
This article contrasts policy advocacy of alternative dispute resolution, and demonization of lawyers and court proceedings in family law, with research evidence that calls those policy positions i...
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The Perils and Pitfalls of Formal Equality in Australian Family Law Reform*
In this paper, we identify the influence of formal equality—and more specifically, formal gender equality (that is, treating men and women the same)—in central areas of major Australian family law ...
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Family law pipes?
Nick Holmes, a publishing consultant specializing in the UK legal sector, has created a FamilyLawPipe aggregating UK family law feeds with Yahoo Pipes. From Nick: …Yahoo Pipes is a service from Yah...
- Starting Out In Family Law
- UK Family Law: Myth Busting Mediation
- The Language Of Family Law
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Statement of service of papers under the Family Law Act 1996
Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
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Application for declaration as to adoption elected overseas under section 57 of the Family Law Act 1986
Standard directions forms under the Children Act.
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Application for declaration of legitimacy or legitimation under section 56(1)(b) and (2) of the Family Law Act 1986
Standard directions forms under the Children Act.
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Agreement to the making of a parental order in respect of my child. Section 54 of the Human Fertilisation and Embryology Act 2008
Forms relating to adoption, including those to request adoption, placement and parental orders.... Placing a Child with Consent ... body { font-family:Arial; font-size:0.83em } ... p { margin:0pt } ... .BodyText { text-align:justify; font-family:Arial } ... span.Hyperlink { ... ...